UN Experts Welcome ICJ Genocide Hearings Against Israel Brought by South Africa

Geneva, United Nations human rights experts have expressed their support for the initiation of hearings at the International Court of Justice (ICJ) concerning South Africa’s allegations of genocide committed by Israel against the Palestinian people. The hearings, focusing on provisional measures, are a response to South Africa’s urgent request for the ICJ to intervene in the matter.

According to Office of the High Commissioner for Human Rights, South Africa filed a request with the ICJ on December 29, 2023, urging the Court to issue provisional measures that would require Israel to immediately halt its military operations in Gaza and protect residents from acts of genocide. The request, which aligns with the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, led to hearings scheduled for January 11 and 12 at The Hague, Netherlands. South Africa’s submission also accuses Israel of inciting genocide and failing to prevent it.

The UN experts emphasized the binding nature of ICJ decisions, underscoring their finality and non-appealable status. They stressed the importance of adherence to the Court’s orders to protect Palestinian rights and uphold international law. The experts also praised South Africa for initiating the case during a time of ongoing violations against Palestinians in Gaza and called for global cooperation with the ICJ in interpreting the Genocide Convention.

The statement highlighted previous similar cases, including The Gambia’s 2019 case against Myanmar under the Genocide Convention, which is still pending before the ICJ. The experts reiterated that the obligations under the Genocide Convention are erga omnes, meaning all countries have a responsibility to prevent genocide.

In its application, South Africa referenced statements by UN Special Procedures mandate holders, citing evidence of genocidal incitement by Israeli officials. The experts reiterated their December 2023 demand for an immediate ceasefire and cessation of attacks on health infrastructure in Gaza. They called for urgent international action to deliver humanitarian aid to the affected populations, especially the vulnerable groups in Gaza.

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